COVINGTON, Ga. — An attorney has filed a motion requesting a new trial for Christopher McNabb, the father who was sentenced to life in prison for the murder of his daughter.
Last year, a jury convicted McNabb and Courtney Bell in the 2017 death of their 2-week-old daughter, Caliyah. Officials said the couple reported the child missing and claimed they woke up and she was gone. She was later found near the trailer park where the family lived.
The jury deliberated for only about an hour after closing arguments. Prosecutors argued McNabb was a negligent father and the family's drug use played a role.
McNabb was convicted on eight counts, including malice murder. Bell was convicted on three counts, including murder in the second degree.
Now his attorney, Titus Nichols, said they are asking the court to take a look a the evidence in the case.
"Since there was such a large amount of circumstantial evidence, we'd ask the court to step into the role of 13th juror to determine if the state did meet its burden."
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He said they also want to address evidence they believe is prejudicial.
"Such as evidence in regards to Mr. McNabb's drug use," Nichols said.
"We're going to argue that it was not relevant to the question of did Mr. McNabb cause the death of the child as well as addressing the issue of there being no direct evidence showing that Mr. McNabb caused the death of the child."
Nichols said they are now waiting for the state to reply to the motion. If they approve, the judge will set a date for the hearing.
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